Im assuming that youre talking about a child to another mother (maybe previous marriage) - NO your income and amt pd into the system has nothing to do with you....Only the father of the child(ren). If hes worked long enough (and paid into it) to get SS disability, they will send a check each month to each child who is under the age of 18 from the money the father has pd in thus far. The chk will go to the legal guardian (mother) payable to the mother for the child until he/she reaches 18. Once the child turns 18, the chks will no longer come payable to the mother for the child, but will now be pd directly to the child ONLY if the child is still in HS (up to the age of 19 or until he/she graduates...whichever comes first. The money covering the chk is a percentage of what the father has paid into the system. Once SS notifies mom that the child will start to rec chks, they will send a retro chk. For instance, the father applies for SS disability in Dec 2005. Its determined that the child is to rec 900.00/mo. beginning January 2007. The child will rec a retro chk to cover the prev yr that will the father waited to be approved for disability. So the child will rec a chk for 900.00/mo times the prev 12 mo which totals to some pretty nice cash. in addition, once the SS chks begin, he no longer has to pay child support...those will cease immediately unless he agrees to continue out of the goodness of his heart. But again, once the SS chks start, hes no longer liable to pay support. So, not to worry, they wont touch your money at all nor will he have to come up w/any other support once the chks start. Again, mother cant complaint, cuz shes gonna come into a nice chunk of change with that retro check. Hope you stop worrying about nothing. PS The local SS office can send you brochures re: this.
2007-04-16 14:27:28
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answer #1
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answered by Debbie 5
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Most likely if he goes on disability the amount he pays will be reduced as child support is usually based on what you are making and when you are on disability your make less than what you were before the disability. Since they are not your kids they will not be able to take the money from you. However the courts will scrutinize him and will watch him with a microscope to make sure he is not faking the disability to pay less.
2007-04-16 14:06:31
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answer #2
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answered by aghornet 2
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i had this same issue 3 years ago the laws may have changed a tad but not much they will still take his child support out but it will be in a different amount they will reconfigure what he was making before he was hurt and what he is making now if he was paying the usual 21 percent on his regular pay depending on what he is drawing so if he made 350 a week at his job but is only drawing 275 a week disability they will skew it so that his way dont out weig his means as far as you go there will be no responsibilty on your part to pay for anything even though you are married your income was not factored for the original court order for child support so fear not your income will be the same and his will still be coming in just slightly adjusted
2007-04-16 14:07:47
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answer #3
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answered by Anonymous
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if your spouse gets disability then he owes get a certain percentage of the amount he will recieve. so if he gets 100 then the child gets 10% of that amount. they will not take money from you, as you are not the parent. the other parent may take you and your hubby back to court and try to get more child support if they find that it is not enough and you might have to pay unless you show that you are sole provider and are the only imcome coming in. they still might take from you. but it is very unlikely. good luck.
2007-04-16 14:12:02
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answer #4
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answered by Christina 6
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Ok, IF you are married to a man who is paying child support for children from another relationship and you are working, and you want to know what can happen if he goes on disability. That actually depends upon what state you are in. Some states will require the new spouse to "chip in" if they have any joint accounts because in that sense HER income can be counted as HIS income as well and his child support payments are based upon ALL of his income no matter where it comes from. I suggest you consult a lawyer.
2007-04-16 14:45:08
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answer #5
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answered by Anonymous
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Depends on the amount of his disability check. Your child may then be entitled to public assistance if the support payment drop drastically
2007-04-16 14:05:20
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answer #6
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answered by Anonymous
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Child support and custody are two different issues. Both have to be court ordered. Since your father was court ordered to pay child support to your mother, that's what he's doing. Since you mother was granted custody of you via another court order, you are living with her. If you want to live with your father, and your mother is not willing to allow you to do so, he would need to go back to court and petition that the original ruling giving your mother custody be overturned. In order for that to be successful, he would have to prove that living with your mother is a danger to your life and safety. So no, you saying you don't like your mom (as all children your age do sooner or later) is not going to make a judge overrule an existing custody order.
2016-05-17 05:29:39
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answer #7
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answered by cornelia 3
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It depends on what type of disability your husband is on. If your husband is on social security disability you will be able to have your child apply for social security benefits to have payments sent from social security to your child, that is if your child is still under age 18.
If your husband is on vetrans disability you would have to contact your locat VA office nearest you to apply for benefits for your child.
If your husband is on disability via work related causes
( workers comp, injured on the job) you may have to contact your local child support agency and tell them that he was injured so that they can do a garnishment on his workers comp.
Best advice: find out exactly what disability it is, and contact your local child support agency.
2007-04-17 15:09:49
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answer #8
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answered by plumeriaofidaho 2
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In my state it is based on the individuals income. If his income lowers he will have to prove that it is lowered and he will have to be the one to let them know that there was a change in income, otherwise, they will continue to expect the same amount as normal. All of this is based on whether you are going through a child support office. If it is just between you two, I would reconsider taking it to your local child support office. Good Luck
2007-04-16 14:06:58
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answer #9
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answered by tcconssw 4
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some states reduce the amount of support for disability,
2007-04-16 14:04:37
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answer #10
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answered by Peggy C 4
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